BEFORE THE

U.S. DEPARTMENT OF TRANSPORTATION

WASHINGTON, DC

)

Application of )

) Docket No. OST-2013-0204

NORWEGIAN AIR INTERNATIONAL )

LIMITED )

)

for an exemption under 49 U.S.C. § 40109 )

and a foreign air carrier permit pursuant to )

49 U.S.C. § 41301 (US-EU Open Skies) )

)

ANSWER OF EUROPEAN COCKPIT ASSOCIATION 

TO DOT NOTICE OF MOTION

The European Cockpit Association (ECA) has read with great attention the summary of 

the discussions between the US Department of Transport and the European Delegation 

at the last EU-US joint committee meeting. We found a number of points that are 

inaccurate or incorrectly explained. With respect to the reasons that NAS provided to 

the Commission for its decision to establish itself as an Irish carrier, ECA would note as 

a preliminary matter, that we had not heard of any of these reasons – as portrayed by 

the Commission – prior to reading them in the DOT’s notice. For months, the reason 

that was given for NAI to seek certificate authority from Ireland was that NAS wants 

for its long haul operations not to be covered by Norwegian law. 

The reasons now given by NAS appear rather weak and seem to be tailor-made to 

ensure a positive up-take by the Commission – with success as the statements made by 

the European Delegation seem to indicate. 

As to the specific points the European Commission mentioned as being the key factors 

for NAI to establish itself in Ireland ECA has the following comments:
2

- Access to significant additional traffic rights not available to it as a Norwegian 

carrier:

Whereas Norwegian Air International establishes itself in Ireland to get access to new 

routes, setting up an office and requesting an AOC in Ireland is not sufficient for NAI to 

claim the right to fly under agreements to which Norway is not a party. When looking 

at the structure of NAI, its 3 Directors are either residents of Norway or Sweden, who 

are affiliated with NAS, while its secretariat is managed by an in-house secretary 

company where NAI is officially registered (Norwegian Air International Limited – 70 

Sir John Rogerson’s Quay Dublin 2). Furthermore the above mentioned NAS-affiliated 

Directors have an active role in the management of NAS Norway1. 

Because the ownership and control of NAI are still in the hands of Norwegian interests 

this prevents Ireland from designating NAI and gives the right to the third country to 

refuse the designation of NAI by Ireland when Norway is not part of the air transport 

agreement between the EU and the 3rd country. A case-by-case analysis would be 

necessary to evaluate the claim of NAS on this point. 

Moreover most of the EU-3

rd countries air transport agreements grant rights to ECAA 

countries. When it is not the case, Norway may always ask its accession to the 

agreement. This is an easy process as demonstrated by the accession of Norway and 

Iceland to the EU-US air transport agreement. 

- Access to additional financing options under OECD rules:

ECA assumes that this argument refers to the OECD 2001 sector understanding on 

export credits for civil aviation (ASU). In which case both Norway and the European 

Union are participants and have access to the provision laid down in the ASU.2 We do 

not believe that being an Irish carrier would provide NAI any advantage over being a 

Norwegian carrier.

- Access to insurance and financing rebates because Ireland is a signatory party of 

the Cape Town Convention:

Norway is also a signatory party of the Cape Town Convention3 as is Ireland.

 

1 See document B1- Annual return

2 http://www.oecd.org/tad/xcred/aircraftsectorunderstandings.htm

3 http://www.icao.int/secretariat/legal/List%20of%20Parties/CapeTown-Conv_EN.pdf
3

- Aviation cluster in Ireland:

Indeed companies specialised in aircraft financing and leasing explain that “half of the 

world’s leased fleet of commercial aircraft are leased or managed through Ireland, 

hundreds of foreign operated aircraft are registered with the Irish Aviation Authority 

operating over 16 countries4.” This is largely explained by that fact that Ireland offers 

low corporate tax (12,5%) and taxation rebate (12,5% over 8 years). This in itself is a 

confirmation that seeking an AOC in Ireland (without planning to have any operations 

in Ireland, nor any operational control) is done for the purpose of forum shopping, 

rather than for operational needs or the need to be part of an aviation cluster.

- The EU Commission is wrong to deny that Ireland is being used as a “flag of 

convenience”.

A ‘flag of convenience’ is defined as a foreign flag under which a vessel is registered in 

order to avoid financial charges or restrictive regulations in the owner’s country5. 

NAI’s structure is designed deliberately to make maximum use of these two elements 

for its long haul operations, i.e. cheap social and labour cost in Asia, and the low 

taxation regime in Ireland, as compared to Norway. Indeed the information regarding 

aviation and leasing financing in Ireland is widespread. A large number of consulting 

companies attract clients in proposing to help them to set up in Ireland to ‘optimise’ 

their taxation. One specific sector is the aircraft leasing industry. These financial and 

taxation advisors recommend Ireland as it is has a ‘high aviation authority’ and an 

“attractive tax regime [that] is a key factor for international lenders, investors and 

leasers looking to locate and structure aircraft and engine financing and leasing 

transactions.”6. Another location mentioned in addition to Ireland for aviation finance 

is the Cayman Islands7. Other consultancies advertise that, for many decades, they 

“have assembled, structured and managed complex cross-border, multi-jurisdictional 

 

4 http://www.matheson.com/images/uploads/documents/Aviation-Aircraft-Leasing-and-FinanceLegal.pdf

5 Oxford Dictionnary

6 http://www.matheson.com/images/uploads/documents/Aviation-Aircraft-Leasing-and-FinanceLegal.pdf

7 http://www.dilloneustace.ie/download/1/Aviation%20Finance%20-

%20Ireland%20and%20the%20Cayman%20Islands%20as%20Key%20Locations.pdf
4

and domestic financing and tax-based structures often accessing the international 

capital markets8” in Ireland. With respect to labour costs, it appears that Ireland will 

permit NAI to employ flight crew on Asian contracts, while Norway will not.

- NAI describes it’s model of having bases outside of Europe as a ‘New business 

model’.

This is not a new model: in terms of operations NAI would start with a 4th freedom and 

then a 3rd whereas a ‘traditional company’ operate a 3rd then a 4th. This is only profitable 

when you use cheap labour force. In terms of traffic and passengers carried it does not 

have any impact. 

- NLH and NAI use local hiring agencies at operating bases because recruitment is 

quicker, the agencies are familiar with local laws and regulations, and the practice 

minimizes the companies’ investment costs. 

Whereas ECA agrees with the latter point, the first arguments however are incorrect. 

The job advertisement for pilots was posted by Rishworth (a company established in 

New-Zealand). The requirements included possessing a European passport and a 

European flying license. The employment company is in Singapore (place where social 

legislation applies) and the pilots are based in Thailand, so the hiring agency (in 

Singapore) is in no way familiar with the law and legislation of the base (Thailand). It is 

hard to understand how the Commission can have supported such an argument. 

- Salary information:

The Commission/EU Delegation fails to provide any sources for the salary information 

put forward, nor does it explain how the salaries are calculated and averaged, and to 

what extent the numbers provided are actually comparable. Without such information, 

 

8 http://www.algoodbody.ie/expertise/Aircraft_Finance
5

neither the DOT nor other stakeholders can verify and take an informed view about the 

numbers provided.

If we refer to the employment agreement between Global crew Asia9 and the pilots, the 

yearly gross salaries are:

Captain: €108.000 ($146.000 vs. 166,117 presented by the EU delegation) 

F/o: € 60.000 ($ 81.000 vs. 101,724 presented by the EU delegation)

The Commission fails to point out that these gross salaries do not include social and 

income taxes (including pension and social security at the operational base), which 

must be paid by the employees out of the fixed payment amount. 

Also, as pilots will most likely de facto live in Europe (making best use of their 

outstation layover opportunities) they may have to solicit additional insurance (e.g. 

health) at their place of de-facto residence (=Europe) in addition to any contributions 

they have to pay at their (pro-forma) place of base. 

The above points underline that – without further information – the numbers provided 

by the Commission are meaningless and potentially misleading. 

- The European Delegation also indicated that company employees are organised 

in labour unions

This statement is not correct and misleading. Whilst NAS does engage with unions in 

Norway as regards the operations performed by NAS, Norwegian Long Haul’s 

employees are not unionized and do not have any form of collective representation nor 

have negotiations with their management. As regards NAI, it appears that NAI pilots 

will not be able to be organised either. They will not be employed by NAI, but by a 

separate employment company and only as temporary agents. The only jurisdiction 

where they could possibly form an association would be in Singapore, where the pilots 

will never or only very rarely be. 

Hence, the set-up of NLH and NAI as well as the specific organisational and 

transnational character of NAI’s business and employment model, provide little or no 

opportunity for employees to organise in unions and engage collectively with the 

management. Hence, the company’s specific set up will ensure that all the future 

growth will be done by non-unionised labour, rather than by employees covered by the 

 

9 See attachment Singapore employment contract
6

current collective labour agreement. This may be a coincidence or a deliberate objective. 

Against this background, it is hard to understand that the Commission chooses to point 

out that “NAS had no tradition of discouraging unionisation” while failing to highlight 

the very ‘discouraging’ nature of the envisaged business /employment model of NAI.

ECA is concerned that a positive decision by the European Union and the US DoT 

would encourage social dumping practices to develop and forum-shopping to become 

acceptable. Allowing an airline to set up an AOC in one country, recruit pilots and 

cabin crew in another country and base them in a third country is an attempt to 

undermine fundamental workers’ rights and discourage unionisation. When taking a 

decision to ‘legitimise’ this model, the US DOT and the European delegation should 

consider if this would be acting in the public interest. ECA has argued in previous 

submissions to the DOT that we consider this as being against the public interest.

- Safety management & Safety Oversight:

A similar complex and non-transparent business model was described in and subject of 

the report of the Cork air accident released by the Irish investigation unit10 on 28 

January 2014. This report particularly points out the company’s business model as an 

important contributing factor to the crash. Among others, the report also clearly 

establishes the lack of safety oversight by the national authority as a factor, as well as 

the lack of financial control leading to the misappropriation of (European) public 

money. NAI’s peculiar business model contains a similar mix of elements that 

contributed to the Cork accident and regulators on both sides of the Atlantic should 

think carefully about the potential safety implications their decision might have. ECA 

raised its safety concerns – including on the obstacles created by the NAI employment 

model to an open incident reporting – in its previous submissions to the DOT. 

Finally, ECA would like to point out that the position taken by the Commission at the 

EU-US Joint Committee may not represent the view of all the Member States present at 

this meeting. We do observe that the elements provided by the Commission look 

 

10 http://www.aaiu.ie/sites/default/files/report-attachments/REPORT%202014-001.pdf

(p.66 point 1.17)
7

surprisingly similar to the arguments brought forward by NAS previously. This 

includes the Commission’s official statement and position that “the U.S. should 

recognise Ireland’s determinations regarding NAI” – which is (as ECA pointed out in its 

previous submissions to the DOT) contrary to the Art. 17 bis of the ATA – and includes 

the Commission’s rather subjective position that it “welcomed the competition that 

NAS/NLH has provided in the EU market and [...] that its business model, if successful, 

will benefit competition, U.S. consumers and U.S. manufacturers.” ECA cannot avoid 

getting the impression that the Commission has de facto made itself the spokesperson 

of the main interested party, i.e. NAS/NAI. We do not consider this helpful to the 

process.

In summary, the statements and information made/provided by the EU Commission –

on behalf of the EU Delegation – contain a number of inaccuracies, fail to provide 

elements that are required to allow the DOT to take an informed view, and seem to be 

rather close to the commercial interests of the main interested party NAS/NAI. ECA 

considers they do not provide any new and valid information that would allow 

reassessing the situation and deflecting from the fact that the business and employment 

model used by NAI is incompatible with the ATA, against the public interest, and 

would promote and legitimise practices of social dumping, forum shopping, and a 

“race to the bottom in a few thousand airline employees' jobs” (as NAS CEO Bjørn Kjos 

put it in an Interview with The Guardian, 4 Feb. 201411). 

Hence, ECA reiterates its position that DOT should deny the application.

Philip von Schöppenthau

Secretary General

European Cockpit Association (ECA)

Rue du Commerce 20-22

B-1000 Brussels

Belgium

Phone: 32 2 705 32 93

Fax: 32 2 705 08 77

Email: pvs@eurocockpit.be

Dated: February 14, 2014

 

11 http://www.theguardian.com/business/2014/feb/04/norwegian-air-shuttle-low-cost-gatwick-bjorn-kos
CERTIFICATE OF SERVICE

The undersigned certifies that on February 14, 2014, a true and correct copy of the foregoing 

Comments of European Cockpit Association was served by electronic mail on the individuals 

identified below:

Steve Morrissey

Thomas N. Bolling

United Airlines

steve.morrissey@united.com

thomas.bolling@united.com

Dan Weiss

Continental Airlines

dan.weiss@coair.com

Sascha Vanderbellen

Delta Airlines

sascha.vanderbellen@delta.com

Howard Kass

U.S. Airways

howard.kass@usairways.com

Malcolm L. Benge

Counsel for North

American/World Airways

mlbenge@zsrlaw.com

Russell E. Pommer

Atlas Air Inc.

rpommer@atlasair.com

Russell Bailey

Jonathan A. Cohen

Air Line Pilots Association, Int’l

russell.bailey@alpa.org

jonathan.cohen@alpa.org

Edward Wytkind

Transportation Trades

Department, AFL-CIO

edw@ttd.org

J. Christopher Lytle

Port of Oakland

clytle@portoakland.com

Kent George

Broward County Aviation

Department

kgeorge@broward.org

Mark Richardson

Southwest Airlines Pilots’

Association

mrichardson@swapa.org

Robert Wirick

Francis Heil

American Airlines, Inc.

robert.wirick@aa.com

francis.heil@aa.com

Nick Tsokris

Jesse Elliot

John Chen

FAA New York IFU

jesse.elliot@faa.gov

nicholas.tsokris@faa.gov

john.chen@faa.gov

John M. Allen

Director, Flight Standards

Federal Aviation Administration

john.allen@faa.gov

Anita Mosner

Jennifer Nowak

Counsel for UPS

Holland & Knight

anita.mosner@hklaw.com

jennifer.nowak@hklaw.com

Nancy S. Sparks

Bailey Leopard

Federal Express Corporation

nssparks@fedex.com

gbleopard@fedex.com

David Berg

James L. Casey

Keith A. Glatz

Airlines for America

dberg@airlines.org

jcasey@airlines.org

kglatz@airlines.org

Philip von Schoppenthau

Celine Canu

European Cockpit Association

pvs@eurocockpit.be

cc@eurocockpit.be

Edgar N. James

Allied Pilots Association

ejames@jamhoff.com

Krishna Urs

Department of State

urskr@state.gov

Steve Shur

Travel Technology Association

sshur@traveltech.org

Eugene Alford

Department of Commerce

eugene.alford@trade.gov

Matthew Baldwin

Director of Air Transport

European Commission

Matthew.Baldwin@ec.europa.eu

Dr. Felix Leinemann

First Secretary

Delegation of the European

Union to the USA

Felix.LEINEMANN@eeas.europa.eu 

David Batchelor

SJU Liason Officer

SESAR Joint Undertaking

Delegation of the European

Union to the USA

David.Batchelor@sesarju.eu

Ottar Ostnes

Director General, Norwegian

Ministry of Transport and

Communications

Ottar.Ostnes@sd.dep.no

John Hanlon

European Low Fares Airline

Association

John.Hanlon@ELFAA.com

Paul Gretch

Robert Finamore

U.S. Department of

Transportation

paul.gretch@dot.gov

Robert.Finamore@dot.gov

Peter Nelson

Josh Romanow

Pillsbury Law

romanow@pillsburylaw.com;

peter.nelson@pillsburylaw.com








GCA EMPLOYMENT AGREEMENT 2012 

© Global Crew Asia Pte Limited 

1

GLOBAL CREW ASIA PTE., LIMITED

- and -

(Pilot Name)

EMPLOYMENT AGREEMENT 

FOR ASSIGNMENT TO

NORWEGIAN LONGHAUL SINGAPORE PTE., LIMITED

CONFIDENTIAL
GCA EMPLOYMENT AGREEMENT 2012 

© Global Crew Asia Pte Limited 

2

AGREEMENT dated 2012

BETWEEN:

(1) GLOBAL CREW ASIA PTE LIMITED a company incorporated under the laws of the Republic of 

Singapore and having its registered office at 10 Anson Road 35-06A International Plaza, 

Singapore 079903 ("EMPLOYER”); and

(2) ( Pilot) of ( Address) ("Employee").

1. INTERPRETATION

1.1 Definitions

In this Agreement, unless the context otherwise requires:

“Aircraft” means the current passenger aircraft operated by the Client.

“Base” means Bangkok or such other location specified by Employer on 2 months’ notice.

“Client” means the Employer’s client airline Norwegian Longhaul Singapore Pte., Limited based in 

Singapore.

“Commencement Date” means the date when the Employee reports to Client to start Ground 

Course, Type Rating or Difference Training, whichever comes first.

“Extended Outstation Layover” means 4 or more consecutive days off at an outstation other 

than Base.

“EUR” means the legal currency of the Eurozone of the European Union.

“Operational Duty” means from the time the Crew Member reports for duty until the end of such 

duty according to EU/ OPS Subpart Q and includes any of the following;

(i) flight duty as part of an operating flight crew; or

(ii) deadheading/positioning; or

(iv) standby duty; or 

(v) simulator flight duty; or

(vi) proficiency, training or recurrency required by the Client.

"Qualifications" means the qualifications set out in Item 3 of Schedule 1.

“Taxes” means any tax, duty, withholding, deduction, impost, contribution, levy or charge 

(including any social security charges or contributions) in respect of the payments, salary 

remuneration and benefits provided to the Employee under this Agreement.

1.2 Headings: Clause and other headings are for ease of reference only and shall not be deemed to 

form any part of the context or to affect the interpretation of this Agreement.

1.3 Clauses: References to Clauses are references to Clauses of this Agreement.

1.4 Plural and Singular: Words importing the singular number shall include the plural and vice versa.

1.5 Name

1.6 Schedules: This Agreement includes the Schedules to it.

2. EMPLOYMENT 

2.1 The Employee is employed by the Employer in the capacity specified in Item 1 of Schedule 1.
GCA EMPLOYMENT AGREEMENT 2012 

© Global Crew Asia Pte Limited 

3

2.2 The Employee’s employment is subject to the Employee meeting the requirements of Item 3 of 

Schedule 1.

3. DUTIES

3.1 The Employee will perform the duties specified in Item 2 of Schedule 1 and such other duties as 

may from time to time be assigned to the Employee and shall comply with all reasonable 

directions, procedure and policies of the Employer.

3.2 When providing pilot services to the Client, the Employee shall be subject to the authority, direction

and control of the Client and the Employee shall comply with the Client’s directions, instructions 

rules, regulations, policies and operating procedures and such other rules and regulations 

applicable to the Employee’s duties.

3.3 The Employee shall act in good faith, with all due care, perform the duties with skill and diligence 

and shall use best endeavours to promote and protect the interests of Employer and the Client, 

shall devote the whole of the Employee’s time, attention and abilities during the performance of 

duties and at such other times as the Employer (or the Client) may require for the performance of 

such duties.

3.4 For the purposes of the duties to be undertaken by the Employee the Employer shall provide or 

procure that the Employee is provided with the items set out in Schedule 2.

4. TERM 

4.1 Employment will commence on the Commencement Date and will, unless extended by written

agreement between the parties, terminate automatically 36 months from the Commencement 

Date, subject to earlier termination in accordance with this Agreement. The Employee’s 

employment may be renewed for a further term subject to the mutual agreement of both parties.

5. PLACE AND HOURS OF WORK

5.1 The Employee will provide services to the Client at such locations and times as the Client or the 

Employer may direct from time to time and as may be reasonably required by the Employer in 

order for the Employee to properly perform their duties.

5.2 The Employee will be rostered up to the maximum duty time allowed by the relevant CAA and for a 

minimum of 8 days free of duty in any full calendar month (prorated for any part month). 

5.3 The Employee may request Extended Outstation Layover and where granted by the Client the 

Employee accepts that the EOL includes weekly rest days.

5.4 The Employee's salary at Clause 6.1 below fully compensates the Employee for all hours worked. 

6. REMUNERATION

6.1 Employer shall for the period from the Commencement Date until the termination of this Agreement

pay the Employee the monthly payments as follows:

(a) Salary of [Type Rating Instructor (TRI) EUR 11,000 /Captain EUR 9,000/ Relief Captain EUR 

7,000/ First Officer EUR 5,000];(delete as applicable)

(b) EUR 1,000 for per diems to cover work related expenses; and 

such payment to be prorated for any employment commencing or terminating part way through a 

month.
GCA EMPLOYMENT AGREEMENT 2012 

© Global Crew Asia Pte Limited 

4

(c): Where the Employee performs the duties set out below, the Employer will pay the Employee as 

follows;

(i) Line Training Captain duties, EUR 20 per block hour of line instruction; 

(ii) Check Captain duties, EUR 40 per block hour of line checks; 

(iii) Simulator Instructor duties, EUR 40 per simulator hour; and 

The payments under this Clause 6.1.(c) will be included in the monthly payment to the Employee 

in the month following the month in which such duties were performed.

6.2 The payments specified in Clause 6.1 above are before Taxes and shall be paid in arrears. The 

above stated payments are the total remuneration payable to the Employee inclusive of all benefits 

and no overtime rates or additional payments will apply.

6.3 Payment shall be sent from Employer’s bank account to an account to be nominated by the 

Employee for each month of completed service, no later than the 28th day of the month of 

service,(less any bank transfer charges payments to more than one bank account. Where the 28th 

day falls on a weekend or public or bank holiday, payment shall be sent on the next working day.

7. TAXES

7.1 The Employee shall be responsible for all Taxes (including income tax liability,) relating to the 

Employee or to this Agreement, and shall:

(i) file all tax returns and pay any required Taxes as they fall due in any applicable jurisdiction; 

(ii) provide the Employer with documentation evidencing the Employee ́s payment of Taxes set 

out under Clause 7.1 (i) above;

(iii) if the Employee is a Norwegian citizen and/or resident for tax purposes report the Employee ́s 

income to the Norwegian tax authorities and provide satisfactory evidence of payment of 

Taxes in Norway 

(iv) indemnify the Employer and/or the Client in respect of any failure to comply with any 

applicable tax laws.

7.2 Notwithstanding the Employee’s obligations in Clause 7.1 above the Employer shall be entitled to 

withhold any outstanding Taxes owed by the Employee or required to be deducted under the laws 

of Singapore (if any) or any other jurisdiction, including following termination of this Agreement.

8. LEAVE, STATUTORY HOLIDAYS AND TIME OFF

8.1 Annual leave

Employee is entitled to paid annual leave as follows:

(i) the Employee's entitlement shall accrue on a pro-rata basis at the rate of 2 days during each 

month of their employment from the first day of their employment;

(ii) annual leave may, with the agreement of the Employer, be taken in advance, but this is 

conditional on the leave taken in advance by the Employee being deducted from his leave 

balance once it accrues or the value of such leave being deducted from any monies paid to the 

Employee hereunder;

(iii) the time for taking annual leave may be agreed between the Employer, the Client and 

Employee, but failing agreement the Employer may, after consultation with the Employee, and 

having taken into account work requirements and the opportunities for rest and recreation 

available to the Employee, provide at least 14 days’ notice to the Employee directing them to 

take annual leave commencing on a particular date;

(iv) the Employee agrees that the Employer may pay him for annual leave in the pay that relates to 

the period during which the leave is taken;
GCA EMPLOYMENT AGREEMENT 2012 

© Global Crew Asia Pte Limited 

5

(v) the Employee acknowledges and agrees that the leave provision in this Clause 8.1 above is 

inclusive of applicable public holidays and no additional payment will be made in this respect.

8.2 Payment for Work on a Day Off

If the Employee agrees to work on a rostered day off the Employer will pay the Employee at the 

rate of 1/10 x the monthly salary specified at Clause 6.1 (a) for each day worked.

8.3 Unpaid Leave

Unpaid leave shall be granted at the sole discretion of the Employer. 

8.4 Sick Leave

The Employee is entitled to a maximum of 30 days of paid sick leave per calendar year (pro-rated 

for any part year). The Employee must notify the Employer and/or the Employee’s immediate 

supervisor as soon as practicable if unable to work for medical reasons. Such notice shall be given 

within the first four (4) hours of the working day.

8.5 If the Employee has been absent from work for at least 5 consecutive days because of illness, the 

employee shall provide a medical certificate. 

8.6 The Employer shall be entitled to require the Employee to undergo a medical examination by a 

registered medical practitioner nominated by the Employer. In assessing the Employee's fitness for 

work, the Employer shall take into account any report provided as a result of that examination, and 

any other medical report provided by the Employee within a reasonable time-frame. 

8.5 Compassionate Leave

(i) Leave with pay up to a maximum of three days may be granted by the Employer for 

compassionate reasons. If compassionate leave is required in excess of three days, the 

Employer may consider granting an additional days' leave.

(ii) "Compassionate reasons" is defined as the critical illness or death of a parent, child, spouse, 

sister, brother, grandparent or parent-in-law. "Critical illness" is defined as illness of a nature 

warranting the patient to being classified by the relevant hospital as dangerously or critically ill.

8.6 Maternity Leave 

Leave shall be granted by the Employer in accordance with the laws of Singapore.

9. TERMINATION 

9.1 The Employer may terminate this Agreement, by giving not less than 30 days’ written notice; or, at 

Employer’s discretion paying the Employee one month’s salary in lieu of such notice; and 

9.2 The Employee may after 6 months terminate this Agreement, by giving not less than 90 days’

notice;

9.3 Employer may terminate this Agreement by immediate notice if:

(a) the Employee fails or ceases to hold any of the Qualifications;

(b) the Employee commits a breach of the terms of this Agreement, serious misconduct, 

disobedience or neglect of duty. Without limitation, the following events shall be serious 

misconduct for the purposes of this Clause:

(i) the Employee wilfully neglects the interests of the Client or Employer or damages the 

Client's property through negligence; or

(ii) the Employee is continuously absent from work for more than 2 days without approval 

or without reasonable excuse; or
GCA EMPLOYMENT AGREEMENT 2012 

© Global Crew Asia Pte Limited 

6

(iii) the Employee consumes alcohol in contravention of the Client's in-house rules 

applicable to its Employees or any applicable rules of any relevant aviation 

supervisory authority as the same may be amended from time to time; or

(iv) the Employee fails or refuses to comply with any reasonable or lawful direction of the 

Employer or the Client or with any in-house rules or policies of the Client applicable to 

the provision of the Services; or

(v) the Employee engages in conduct on or off duty which is prejudicial to the interest, 

good name or reputation of the Client or Employer; or

(vi) the Employee is dishonest or commits theft including theft of the Client's property; or

(vii) the Employee engages in smuggling or illicit trading of any kind; or

(viii) the Employee ceases to hold, (for any period of time), any one of the permits or travel 

documents, (including visas), necessary to provide the Services; or

(ix) the Employee engages in harassment of a work colleague or customer.

9.4 If the Employee terminates this Agreement prior to completion of the term specified in Clause 4.1

and fails to provide 90 days’ notice the Employee agrees to pay to Employer the equivalent of up 

to one month’s salary entitlement as specified in Clause 6 above;

9.5 On termination all sums owing to the Employer under this Agreement shall be immediately payable 

by the Employee. The Employer may deduct any outstanding debts, overpayments, or money 

owed to it by Employee from final pay or holiday pay.

10. RETRENCHMENT

10.1 In circumstances where:

(a) The Employer’s agreement with the Client for the provision of services of flight personnel is 

terminated, suspended or otherwise comes to an end; or 

(b) Client terminates its agreement with the Employer with respect to Employee; or

(c) Client has a liquidator or receiver appointed in respect of the Client; or 

(d) if the Client: 

(i) is the subject of a winding up petition; or

(ii) passes a winding up resolution; or 

(iii) fails to maintain any licences required by law or any competent regulatory authority; or 

(iv) ceases to carry on business or meet its financial obligations; or

 

(e) The Employee’s role is made redundant or retrenched,

then the Employer shall be entitled to terminate this Agreement by giving 30 days’ written notice to 

the Employee and Employee shall not be entitled to any additional payment or payment or 

compensation for redundancy or retrenchment.
GCA EMPLOYMENT AGREEMENT 2012 

© Global Crew Asia Pte Limited 

7

11. OTHER EMPLOYMENT OBLIGATIONS 

11.1 The Employee shall not, whether during the currency of this Agreement or after its termination for 

whatever reason, use, disclose or distribute to any person or entity, otherwise than as necessary 

for the proper performance of their duties and responsibilities under this Agreement, or as required 

by law, any confidential information, messages, data or trade secrets acquired by the Employee in 

the course of performing their services under this Agreement. This includes, but is not limited to, 

information about the Employer's or the Client’s business. 

11.2 All work produced for the Employer by the Employee under this Agreement or otherwise and the 

right to the copyright and all other intellectual property in all such work are the sole property of the 

Employer. 

11.3 The Employee agrees that there are no contracts, restrictions or other matters which would 

interfere with their ability to discharge their obligations under this Agreement. If, while performing 

their duties and responsibilities under this Agreement, the Employee becomes aware of any 

potential or actual conflict between their interests and those of the Employer, then the Employee 

shall immediately inform the Employer. Where the Employer forms the view that such a conflict 

does or could exist, it may direct the Employee to take action(s) to resolve that conflict, and the 

Employee shall comply with that instruction. When acting in their capacity as Employee, the 

Employee shall not, either directly or indirectly, receive or accept for their own benefit or the benefit 

of any person or entity other than the Employer any gratuity, emolument, or payment of any kind 

from any person having or intending to have any business with the Employer. 

11.4 During the term of this Agreement, the Employee shall not, without the prior written approval of the 

Employer, whether paid or unpaid, be directly or indirectly engaged in any other employment.

11.5 The Employee shall comply with all company rules, policies and directions, as notified by the 

Employer from time to time. The Employer is entitled to amend, cancel or introduce such rules, 

policies and directions, as it considers necessary.

11.6 The Employee agrees that for a period of 6 months following the termination of their employment 

for whatever reason, they shall not, either personally, or as an employee, consultant or agent for 

any other entity or employer, seek to solicit or engage or employ any employee of the Employer. 

The Employee agrees with these provisions and receives consideration in the total remuneration 

package.

12. RETURN OF PROPERTY ON TERMINATION

The Employee shall, on termination of this Agreement, return to the Client and/or the Employer all 

manuals, items of uniform, identity card and any other items of property issued to the Employee by 

or on behalf of the Client. 

13. HEALTH AND SAFETY 

The Employer shall comply with all applicable health and safety legislation. 

The Employee shall comply with all applicable health and safety laws and regulations in any 

jurisdiction in which the Employee performs duties and with all directions and instructions from the 

Employer and/or the Client regarding health and safety; and

Familiarise him/herself with and comply with any health and safety documentation issued by the 

Employer and/or the Client and provided to the Employee including without limitation as contained 

in the Client’s standard operating procedures rule or regulations and any employee hand book and

shall also take all reasonable steps to ensure that in the performance of their employment they do 

not undermine their own health and safety or the health and safety of any other person.
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14. EMPLOYMENT DISPUTES

If the Employee considers that there is a problem, including any problem with the Client, the 

problem should be raised as soon as possible with the Employer. This can be done in writing or 

verbally. The parties use reasonable efforts will then try to establish the facts of the problem and 

discuss possible solutions.

15. OTHER CONTRACTUAL CLAUSES 

15.1 Variation of Agreement

The parties may vary this Agreement, provided that no variation shall be effective or binding on 

either party unless it is in writing and signed by both parties. 

15.2 Assignment and Transfer

The Employee must personally perform the duties and responsibilities under this Agreement and 

no subcontracting or assignment by the Employee is permissible. 

The employer reserves the right to transfer the employees to another party on the same or 

substantially materially similar terms and conditions of employment as set out the Agreement. The 

Employees acknowledges and agrees that the Employees rights and obligations will continue as 

they were with the transferring party.

15.3 Waiver

No failure to exercise, or delay in the exercise of, any right or remedy either party may have under 

or in connection with this Agreement shall operate as a waiver thereof nor shall any single or partial 

exercise of any such right or remedy prevent any further or other exercise thereof of any other such 

right or remedy. 

15.4 Severability

In the event any provision (or part thereof) of this Agreement is viewed as unenforceable by any 

authority or court with jurisdiction to consider such clauses, the offending provision (or part thereof) 

shall be deemed severed from this Agreement without affecting the validity of the remainder of this 

Agreement, which will be applied as modified by the authority or the court, or in the event it is not 

modified by the authority or court, the remainder of this clause and Agreement shall continue to be 

enforceable by the parties. 

15.5 Deductions from Salary/Wages

Where requested by the Employee, the Employer may agree to deduct from their salary/wages any 

agreed amount and pay the amount to the organisation specified by the Employee. The Employer 

shall also be entitled to deduct from any salary payment payable upon termination of employment 

any overpayment made to the Employee for leave taken in advance. 

15.6 Employee Acknowledgment

Employee acknowledges that:

i) they have been advised of their right to take independent advice on the terms of this 

Agreement;

ii) they have been provided with a reasonable opportunity to take that advice;

iii) they have read these terms of employment and understand these terms and their 

implications; 

iv) they agree to be bound by these terms of employment and the Employer's and the Client’s 

policies and procedures as implemented by the Employer from time to time; and

v) the Employee has disclosed and will continue to disclose all information about the 

Employee that would ensure the Employer can make a determination about the 

Employee’s suitability for employment by the Employer.
GCA EMPLOYMENT AGREEMENT 2012 

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15.7 Media Communications

The Employee shall not provide, publish or disclose information in any form, or speak on behalf of 

the Employer or the Client on any matter relating to the business activities Employer or the Client,

or to this Agreement or the work to be undertaken by the Employee under this Agreement. All 

requests for information or interviews or for the disclosure of information shall be referred by the 

Employee to the Employer.

15.8 Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of Singapore. In 

relation to any legal action or proceedings arising out of or in connection with this Agreement the 

parties hereby irrevocably submit to the non-exclusive jurisdiction of the courts of the Republic of

Singapore.

SIGNED as an Agreement

for )

GLOBAL CREW ASIA LIMITED ) ...................................................

by: )

Date: ...................................................

Address for Notices: info@globalcrewasia.com

by )

( ........................ ) ) ...................................................

the Employee: )

Date: ...................................................

Address for Notices:

Fax for Notices:

Email for Notices: 

Contact Person in case of an Emergency: 

Name:................

Phone:

Fax:
GCA EMPLOYMENT AGREEMENT 2012 

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SCHEDULE 1

1. Position; B787 [TRI/ PIC/RCA/FO] Pilot 

2. Employee’s Duties

(a) Providing pilot services to the Employers Client, the Employee shall pilot such domestic and 

international flights using the Aircraft as the Client may require.

(b) The Employee shall, in providing pilot services to the Client and in particular while on 

Operational Duty, be directed by the Client, with respect to operational matters, hours of work, 

rest periods and rostering.

(c) The Employee shall be rostered by the Client up to the maximum time allowed by the relevant

CAA. Scheduling will be based on the Client’s operational parameters as may be approved 

by the relevant CAA and the Client’s operation manuals 

(d) It is the Employee’s responsibility to ensure that he is contactable at all times, by having a 

mobile phone service, or other suitable messaging or communications devices. The Employee 

will provide the Employer and the Client with the Employee’s current contact phone numbers.

(e) Comply with the Client’s AOC holder ́s operational manual part A and B;

(f) Provide evidence of valid licence to the Client on request;

(g) Ensure that at all times the Employee is fit to fly;

(h) Abide by the laws of any state in which the employee is required to perform duties.

(i) Notwithstanding Clause 2. (b) and (c) above the Employee shall be responsible for monitoring 

the Employees own flight time limitations in accordance with the relevant CAA regulations. 

The Employee shall not carry out simulator duties or fly for hire or reward for any other party. 

The Employee shall provide flight time details (including all deadheading, positioning or 

passengering time) to the Client or the Employer on request.

(j) Undertake training as the Client or Employer may require, and in accordance with Schedule 3

to this Agreement. 

(k) Where the Employee is appointed to provide Training Captain, Check Captain, or Simulator 

Instructor services to the Client, the employee will carry out duties relating to such services as 

the Client may require.

3. Qualifications

The Employee must at all times during the term of this Agreement:

(a) Meet all current requirements of the relevant Civil Aviation Authority and the International Civil 

Aviation Organisation to fly the Aircraft as an international and domestic air transport 

Employee.

(b) Meet all licensing and medical examination requirements as specified by the relevant Civil 

Aviation Authority to fly the Aircraft, including being the holder of relevant aircraft type rating 

and appropriate licence, with experience and hours to the satisfaction of the Client and 

Employer.
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(c) Meet the standard required by the Client and Employer for all simulator checks including 

recurrency training and checks, as required by the Client. For the purposes of this Agreement:

(i) Written tests are considered failed if the Employee is unable to reach required 

score after 2 attempts.

(ii) Simulator training is considered failed if the Employee is unable to reach required 

standard after one extra session is given in addition to syllabus. This applies to 

initial Type Rating/Conversion Training. 

(iii) Fail on OPC/PC: if one failure is recorded an extra training session in simulator will 

be given before new check. The second OPC/PC will be performed by a different 

examiner if required by Employee. Failure of second OPC/PC check is considered 

final. 

(iv) Failure of Line Check: After failure of line check 2 sectors of line training will be 

given before new line check. The new line check will be given by a different 

examiner if required by the candidate. Failure of second line check is considered 

failure final. Additional training/checking beyond these rules can only be granted 

by Client’s DFO.

(d) Obtain and maintain all visas or other entry documentation, valid passport, visa, or 

employment permits required to perform the Employee’s duties. The reasonable cost of 

requisite visa/employment permit shall be reimbursed on production of receipts by the 

Employee. 

(e) Pass any medical examination or other test required by the Employer or the Client at any time 

during the Employee’s employment.

(f) Be familiar with and adhere to the rules and regulations that generally apply to the relevant 

position of the Crew Member in an airport area, and the standards, rules and regulations that 

generally apply to the Crew Member in relation to the Specified Services.
GCA EMPLOYMENT AGREEMENT 2012 

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SCHEDULE 2

Employer will provide or procure that the Employee is provided with the following, 

1. Insurance

Employer will provide suitable medical insurance and personal accident and illness insurance for 

the term of this Agreement. Cover notes evidencing this insurance will be provided to any 

Employee by Employer on request.

2. Uniforms and Identification

Employees will be provided with uniforms by the Employer, including any identification that it 

requires the Employee to have. The Employee shall take all actions necessary to adhere to the 

Client ́s policy with regard to uniforms and identification and regalia.

3. Travel:

The Client shall make ID travel benefits available to the Employee and his qualifying family 

members, including ID travel, according to the current policies. From the start of the Employee’s 

assignment, ID tickets will be granted to and from Base subject to availability on Norwegian 

Longhaul ASA and Norwegian Airshuttle flights.

4. Ground Transportation:

During training and Operational Duty, the Client shall provide ground transportation at layover 

stations. Any other transportation such as to and from Base shall be the responsibility of the 

Employee.

5. Accommodation at layover stations:

The Client shall provide and pay for;

(a) Single room accommodation at Base during a period from the Employee’s first assignment 

and for up to 30 days thereafter. For subsequent duty the Employee will be responsible for 

accommodation. 

(b) When traveling back to Europe for consecutive days off the Employee will be provided

hotel accommodation for one night when arriving to Europe and one night before leaving 

back to Base.

(c) Single room accommodation at layover stations other than Base;

(d) For the Employee on Extended Outstation Layover in Europe, single room accommodation 

the night before at Base operational duty starts, and the night such duty ends.

6. Medical Facilities

The Client shall use best efforts to assist in the provision of contact with medical facilities should 

the need arise.

7. Phone allowance

(i) TRI/PICs: EUR 100/month from the date line flying starts.

(ii) Relief Captains and FO’s: EUR 50/month from the date line flying starts.
GCA EMPLOYMENT AGREEMENT 2012 

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SCHEDULE 3

Training

(a) The Employee shall undertake all flight simulator training and checks, medical examinations, and 

training courses as and when required by the Client to maintain his licence and his own proficiency. 

(b) Where the Employee has undertaken training to B787 type at the Employer’s or the Client’s cost and 

this Agreement is terminated (excluding termination by the Employer without cause) prior to 

completion of the term the Employee shall immediately repay Employer the training costs in 

accordance with Clause (c) below. The Employee agrees to provide a satisfactory bank guarantee in 

favour of the Employer, or a cash bond, to the requisite value specified by the Employer in respect of 

such training costs prior to commencing duties.

(c) For termination occurring between; 

Pilots current on B737, B757, B767 

or B747 when starting the B787 type 

rating course

Pilots current on any other aircraft 

type or not being current on B737, 

B757, B767 or B747 when starting the 

B787 type rating course

0-12 months €30,000 €40,000

13-24 months €20,000 €27,000

25-36 months €10,000 €13,000

After 36 months Nil Nil